Moot Court Competition – Grades 9-12
Moot Court Registration | Complete form to register.
The deadline to register for the regional competition is February 21, 2025.
2024-25 Problem and Instructions
- The 2024-25 Law Week Moot Court Competition involves the legal concept of cruel and unusual punishment. The problem is derived from the Hamline School of Law William E. McGee National Civil Rights Moot Court Competition. The questions for the competitors are (1) whether the Department of Human Services violated H.G.’s Fourth Amendment rights by entering her home and (2) whether the district court’s order to prohibit H.G. from live streaming in her home violates her First Amendment rights?
- In order to focus the argument regarding whether H.G.’s Fourth and First Amendment rights were violated, competitors are directed as follows:
- The issues to be addressed are fairly straight forward: (1) does the Fourth Amendment analysis used in criminal law to determine whether there is probable cause for police to search a home for evidence of a crime apply to determine whether there is probable cause justifying an order compelling a caregiver to allow child protection workers to enter and search a home to investigate possible neglect; (2) whether probable cause to enter and search H.G.’s home was established under the applicable standard and rules; (3) does the order prohibiting H.G. from live streaming regulate activity protected by the First Amendment; and (4) if yes, what level of scrutiny applies, and does the order satisfy that level of scrutiny?
- Competitors are being provided with a number of materials to help them with formulating their arguments, including briefs for both the Petitioner and Respondent, the lower court’s decision and rationale, and a summary of supporting case law and articles which were cited in the briefs. The cases will help the students develop their argument as well as give the lower court’s decision more context.
- Competitors are reminded that both team members must argue. While only a single issue is before the Court, petitioner’s and respondent’s arguments can be broken up along natural lines of progression.
RULES
The Problem
- You have been provided with: (1) the Moot Court Problem and Instructions; (2A) Petitioner’s Brief; (2B) Respondent’s Brief; (3) relevant excerpts from the lower court decisions; and (4) summaries of key cases and articles from briefs that may be used in arguments. If you have any questions please do not hesitate to contact Cheyenne Merrigan.
- No outside research is permitted. You may only refer to the materials provided for you.
- There is no writing component to the competition.
Oral Arguments
- Teams will be randomly assigned to either Petitioner or Respondent when you check-in the day of the competition and teams should be prepared to argue either side for the competition.
- Each team must consist of two individuals who must both argue in each of the two rounds.
- Each team will argue twice, once on each side.
- Each team will have twenty minutes of oral argument.
- Petitioner may reserve up to two minutes rebuttal in their introduction which will be deducted from their twenty-minute total.
- You will be scored on the organization of your argument, the clarity and persuasiveness of your argument, your presentation, and your responsiveness to questions.
- You may bring materials up to the podium with you, however, these should be referred to sparingly. Excessive use of notes will be reflected in your score.
The Competition
- Competitors should look business professional.
- The two winning teams will compete in the Finals to be held on May 2, 2025, at the North Carolina Supreme Court.
- You will receive feedback at the end of each round.
The Resources
- 2024-25 Moot Court Problem
- Petitioners Brief
- Respondents Brief
- Respondent Case Materials
- Petitioner Case Materials
Moot Court Feedback Form | Submit feedback form by May 26, 2025